Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal JURNAL ILMIAH LIVING LAW Journal Of Law Sciences (Legisci)
Rizal Syamsul Maarif
Magister Hukum Universitas Djuanda
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
MODEL PEMANFAATAN ATAS TANAH TERLANTAR DARI HAK GUNA USAHA DIKAITKAN DENGAN PENGEMBANGAN USAHA PONDOK PESANTREN DI KAWASAN BOPUNJUR Rizal Syamsul Maarif; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v13i1.4202

Abstract

The objectives of this study are 1) To identify and analyze the concept and politics of enclaving abandoned land ex-land use rights (HGU) in Indonesia 2) To find out and conduct legal analysis regarding the development of an enclaving model of abandoned land ex-land use rights (HGU) of PTPN VIII for the development of a Pondok Pesantren business in the Bopunjur area. The research method used in this research is normative juridical analysis research with a qualitative approach combining secondary legal materials with primary legal materials so as to produce a fact analysis that occurs in the field. The results of this study are: 1) the concept and politics of enclaving on ex-plantation and agricultural land in the Bopunjur area can be utilized as a business development for a Pondok Pesantren, taking into account the 3-year period the land is not suitable for its purpose. And even tend to be neglected or have experienced several cultivated operations. 2) an enclaving development model for abandoned PTPN VIII land, namely by following the asset empowerment cooperation procedure for 5 years, on the way it can be upgraded to a right of use certificate and for 3 consecutive years you can request enclav to the Provincial BPN because Bopunjur is a direct area under the auspices of the Provincial BPN by observing the principle of benefiting the abandoned land into productive activitiesKeywords : Enclaving Model Development, Utilization Principles, Abandoned Land
Analysis of the Decision of the State Administrative Court Number 604/G/2023/PTUN.JKT Concerning Government Actions in the Field of Administrative Law from the Perspective of Gustav Radbruch Maarif, Rizal Syamsul; Dhafin Riyasy Ishak; Devina Mayra Purnama; Rezza Syah Fahleffi
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.21518

Abstract

The Jakarta State Administrative Court (PTUN) Decision Number 604/G/2023/PTUN.JKT which granted part of Anwar Usman's lawsuit against the Constitutional Court has caused controversy in the Indonesian constitutional legal order. The main problem lies in the limits of the PTUN's jurisdiction over constitutional judicial institutions and the validity of administrative intervention into the internal mechanisms of the Constitutional Court. This article aims to analyze the decision based on Gustav Radbruch's legal theory, which emphasizes the balance between justice, legal certainty, and utility as basic principles in the legal system. This study uses a juridical-normative method with a conceptual approach and a legal philosophy approach to examine the alignment of the substance of the decision with universal legal values. The results of the analysis show that the PTUN decision No. 604/G/2023/PTUN.JKT does not reflect the principle of substantive justice because it ignores the institutional autonomy of the Constitutional Court and opens up space for horizontal intervention between state institutions. From the aspect of legal certainty, this decision creates jurisdictional ambiguity that threatens the stability of the constitutional system. Meanwhile, from the perspective of utility, the decision is considered counterproductive because it has the potential to weaken the integrity and effectiveness of the Constitutional Court's role as a guardian of the constitution. Therefore, this article recommends affirming the limits of administrative court jurisdiction over constitutional institutions, as well as strengthening the ethical approach in the practice of state administrative law so as not to be trapped in narrow legal positivism
The The Impact Of Business Crimes Due To Abandoned Land Under The Right To Cultivate (HGU) In Indonesia: An Economic Analysis Of Law Approach Maarif, Rizal Syamsul; Nuraeny, Henny; Martin, Abraham Yazdi; Aminulloh, Muhammad; Lubis, Efridani
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.984

Abstract

Background. Richard Posner, in his Economic Analysis of Law, argues that business crimes involving the abandonment of concession lands (Hak Guna Usaha/HGU) reflect the existence of externalities and market failures, where corporate concession holders who neglect their lands cause substantial losses to both the State and society. Aims. This study aims to evaluate the economic and legal impacts of business crimes arising from the abandonment of plantation concession lands (HGU) in Indonesia and to provide alternative policy solutions for resolving this issue. Methods. The research employs a normative legal method with an evaluative approach, examining the phenomenon of abandoned plantation HGU lands from both regulatory and economic perspectives. The analysis seeks to produce concrete recommendations for optimizing the management of abandoned plantation lands through an integration of legal and economic principles. Result. The findings reveal that, as of 2024, the Ministry of Agrarian Affairs and Spatial Planning (ATR/BPN) recorded approximately 1,347,099 hectares of abandoned HGU lands across Indonesia, accumulated between 2020 and 2024. Under existing fiscal regulations, HGU concession holders are required to pay Non-Tax State Revenue (PNBP) of IDR 26,500 per 100 hectares annually. Based on this rate, the total potential State revenue loss due to abandoned HGU lands is estimated at IDR 356,981,235 (three hundred fifty-six million nine hundred eighty-one thousand two hundred thirty-five rupiahs). Conclusion. The study concludes that the widespread abandonment of HGU lands represents a significant economic loss and legal inefficiency. Lands that should generate income for the State instead become sources of conflict, inefficiency, and administrative burden, illustrating the failure of both corporate governance and legal enforcement mechanisms. Implication. The implications of this research emphasize the necessity of developing criminal, civil, and administrative law instruments to prevent and sanction corporate violations that cause State losses. The study proposes the formulation of a criminal law–based regulatory framework as a deterrent mechanism to ensure corporate accountability in land management and to restore the economic and social function of land in accordance with Indonesia’s constitutional mandate
Co-Authors Abraham Yazdi Martin Aminulloh, Muhammad Devina Mayra Purnama Dhafin Riyasy Ishak Efridani Lubis Henny Nuraeny Rezza Syah Fahleffi Roestamy, Martin